Bismarck weekly tribune. [volume] (Bismarck, Dakota [N.D.]) 1884-1943, 1887-10-28
Arguments Before the Supreme Court
on Application for Writ
of Error.
The Case Presented by j. Randolph
Tucker for Appellants and AttOr-
ney Hunt for the State.
Random Hot Shot by the Former
and Matter OF Fact Statements
by the Latter.
And the End Is Not Yet.

WASHINGTON, Oct. N.-Argument began
in the United States supreme court to-day
on the application for writ of error in
the case of the Chicago anarchists. The
court gave each side three hours. J. Ran
dolph Tucker made the argument for the
anarchists and Attorney General Hunt of
Illinois argued against the application.
Hunt had not finished speaking when the
court adjourned.
THE ARGUMENT.
Mr.. Tucker said: "The questions upon
this application are, first, have the federal
questions been raised in this case? Sec
ond, does their character justify their re-
view in this case? The act of 1867, which
has been deemed by this court to be SUBJ
stitute for section 26 of the judiciary act,
gives jurisdiction first where statute or
pugnant to the constitution Of the United
States, and second, where right, privilege
or immunity claimed under the constitu-
ton is denied. This statute should be con-
strued literally to the party making the ap-
peal, since it was evidently the intention
of its trainers to give free access
to this court. If law seemingly fair and
just on it's face should have put upon it by
the state courts construction contrary to
the constitution, that is enough to give this
court jurisdiction. If any department of
state government violates the terms of the
fourteenth amendment, it is the state
which violates. Although the fourteenth
amendment was originally intended to
guarantee particularly the right OF the
enfranchised blacks there is no reason why
white citizens should not also enjoy the
benefit of its provisions. ask the court to
interpOse and protect these men because l
may need it myself. l know no anarchy
abroad in this land which the American
people need fear except
ANARCHY IN THE ADMINISTRATION OF
JUSTICE.
l fear that when anarchy dOns the er-
mine of justice and administers lynch law
in violation OF the supreme law of the land.
tanned is question you can only decide
after an examination of the record, but do
not strike before you hear. / pray that
the court will therefore award this writ,
for if do not mistake there is evidence in
this whole record which will demand re-
versal of the judgment"
ATTORNEY GENARAL HUNT
of Illinois said: ''To warrant the issuance
of the writ it must appear from the record
first that there is federal question
involved and second that such question
was raised and decided in the state court.
The fourteenth amendment is equally for
eign to any right, privilege or immunity
here claimed by petitioners. The COM
plant is not that the state has made or is
enforcing a law which deprives the petit
TONERS Of any Of the privileges or immuni-
ties guaranteed by that amendment, but
that they are deprived of rights by an
ERRONEOUS CONSTRUCTION OF THE LAW
state. The petitioners did not claim in the
supreme court of the state that the Illinois
act OF 1874 was repugnant to the constitu-
ton, treaties or laws of the United States,
nor that the authority of the court was ex-
ercised under 1t, but that the act was con-
stitutional and valid and the court exer-
cised its power in violation of that law.
The petitioners were tried in the courts of
the state under the laws of the state, and
that constitutes due process of law"
Attempted Prison Delivery.
YUMA, ARIz, Oct. 27.-A desperate break
for liberty was made at the penitentiary
this morning. AS Superintendent Gales
was passing through the north sally port
OF the prison he was seized by convict
and marched out, followed by seven other
convicts. One of the convicts rushed
into the office, wrenched open drawer
and secured pistol. The Superintendent
called upon the guards to shoot the convict
no. holding nm; tnc Riggs iife convict secured
killed the convict who held and was stab
bing the superintendent. Two prisoners
were killed, one mortally and two serious
ly wounded. Superintendent Gales was
badly wounded. There were no escapes.